Immigrants lose deportation fight

Supreme Court Blocks Immigrants From Challenging Deportation Orders, Even With Incomplete Notices

"The Supreme Court has dealt a harsh blow to immigrants, ruling 5-4 that deportation orders can stand even when the government's initial hearing notices are incomplete. [https://www.supremecourt.gov/opinions/21pdf/21-746_104a1.pdf] Three immigrants challenged their deportation orders under these circumstances, but the Court sided with the federal government, stating that as long as notice is provided at some point, immigrants can be deported 'in absentia' if they miss their hearings. [https://www.supremecourt.gov/opinions/21pdf/21-746_104a1.pdf] Justices Alito, Roberts, Thomas, Kavanaugh, and Barrett formed the majority, while Justices Jackson, Sotomayor, Gorsuch, and Kagan dissented. [https://www.supremecourt.gov/opinions/21pdf/21-746_104a1.pdf]

The Human Impact:

Esmelis Campos-Chaves, Varinder Singh, and Raul Daniel Mendez-Colín, each sought to stay in the country and rescind their 'in absentia' deportation orders. [https://www.npr.org/2023/03/23/1124087321/supreme-court-immigration-deportation-notices] Their cases, originating in separate circuits, were consolidated into one before the Court. [https://www.npr.org/2023/03/23/1124087321/supreme-court-immigration-deportation-notices] The immigrants argued the government failed to provide adequate information about hearing times and places. [https://www.npr.org/2023/03/23/1124087321/supreme-court-immigration-deportation-notices]

A Contentious Issue:

Justice Alito wrote that the government must still provide complete and compliant notices. [https://www.supremecourt.gov/opinions/21pdf/21-746_104a1.pdf] However, Justice Jackson, in her dissent, highlighted the government's past failures to include basic information in Notices to Appear. [https://www.supremecourt.gov/opinions/21pdf/21-746_dissent.pdf] She stated: "Although Congress allows the Government to seek removal of noncitizens in absentia, it tempers that power with process. Twice before, this Court made clear that when the Government issues an NTA, that document must contain the time-and-place particulars that the statute requires." [https://www.supremecourt.gov/opinions/21pdf/21-746_dissent.pdf]

Final Thoughts:

With this decision, the Supreme Court upholds the government's power to deport immigrants who miss hearings, even when initial notices are deficient. Immigrants without lawful status now face greater challenges in contesting 'in absentia' orders, needing to prove they never received any notice to have such orders rescinded."